1. There are several types of trade secret infringement
1. Trade secrets Infringing acts include:
(1) Disclosing, using or allowing others to use the right holder’s business secrets obtained by the means mentioned in the previous paragraph;
(2) Instigate, induce, or help others to violate confidentiality obligations or violate the obligee's requirements to keep business secrets, obtain , disclose, use or allow others to use the right holder’s trade secrets.
2. Legal basis: "Anti-Unfair Competition Law of the People's Republic of China"
Art. Article 9 Operators shall not commit the following acts of infringement of trade secrets:
(1) Obtaining through theft, bribery, fraud, coercion, electronic intrusion or other improper means The right holder’s business secrets;
(2) Disclose, use or allow others to use the right holder’s business secrets obtained by means of the preceding paragraph;
(3) Violating confidentiality obligations or violating rights holders’ requirements for keeping trade secrets, disclosing, using or allowing others to use trade secrets in their possession;
(4) Instigate, induce, or help others to violate confidentiality obligations or violate the obligee's requirements for keeping business secrets, and obtain, disclose, use, or allow others to use the obligee's business secrets.
2. Compensation for infringement of trade secretsCompensation standards
When determining the amount of damages for infringement of trade secrets, the following factors should be fully considered:
1. Losses suffered due to the infringement of the trade secret right holder. This is mainly the calculable loss of property and income of the right holder. Including: (1) R&D costs, such as time, money and financial resources spent;
(2) Actual benefit losses, such as reduction in production costs , increase in sales, increase in profit margins, etc.;
(3) Reasonable expectations of future benefits.
2. The amount of compensation shall be the profits gained by the infringer from the infringement. The specific calculation method can be as follows: the reduced sales volume multiplied by the product of the reasonable profit of each product; if the total reduction in sales is difficult to calculate, the total number of sales of the infringer's products on the market can be multiplied by the product of the reasonable profit of each product. as compensation for loss.
3. If the loss of the right holder or the profit gained by the infringer cannot be determined, it can be determined by referring to the licensed use or reasonable expenses of the trade secret. When the trade secret right holder has signed a trade secret licensing contract with others, this method can be used to calculate the amount of compensation. Under normal circumstances, the amount of the license fee can be presumed to be the amount of compensation. Of course, when using this method to determine the amount of compensation, factors such as the nature and circumstances of the infringer as well as the nature, scope, and time of the trade secret license should be comprehensively considered, and the amount should be determined within a range from no less than the license fee to three times the license fee. . The court may, based on the request of the right holder and the specific circumstances of the case, include the reasonable expenses paid by the right holder for investigation, stopping the infringement, hiring attorney fees, etc. into the amount of damages.
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